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← 163 W. Va. 542 - State v. Fraley

163 W. Va. 542 - State v. Fraley’s Empirical Analysis

1979

Citation profile

16
cited by 16 later decisions
1
states following
July 1997
most recently cited

16 state decisions

Relationships

Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · 159 W. Va. 482 - Louk v. Haynes · 252 Pa. Super. 114 - Commonwealth v. Tomczak · State v. Tubbs

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The final revocation proceeding required by the due process clause of the Fourteenth Amendment and necessitated by W.Va. Code, 62-12-10, as amended, must accord an accused with the following requisite minimal procedural protec tions: (1) written notice of the claimed violations of probation; (2) disclosure to the probationer of evidence against him; (3) opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (5) a “neutral and detached” hearing officer; (6) a written statement by the fact finders as to the evidence relied upon and reasons for revocation of probation. (Emphasis added).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.